Natural disasters—earthquakes, floods, wildfires, hurricanes—can strike without warning and leave devastation in their wake. But what happens if you’re injured during a natural disaster while working? Does Colorado workers’ compensation cover you?
The answer, like most things in workers’ compensation law, is: it depends. At Kaplan Morrell, we help injured workers navigate these complex questions every day. Here’s what you need to know about when and how natural disasters may qualify as compensable workplace injuries in Colorado.
What Is Compensability in Workers’ Compensation?
In Colorado, for an injury to be covered under workers’ compensation, it must meet two basic requirements:
- The injury must occur in the course and scope of employment (meaning it happened while performing work duties or on the job), and
- The injury must arise out of employment (meaning the injury is somehow connected to the work itself).
These two principles together establish what’s known as compensability—the idea that not all injuries at work are necessarily covered, but those that meet both tests are entitled to:
- Medical care
- Wage replacement
- Permanent disability benefits, if applicable
When it comes to natural disasters, the question becomes: Did your job put you in greater risk of injury than the general public?
Are Injuries from Widespread Natural Disasters Covered?
If a massive natural disaster—like an earthquake or hurricane—strikes and injures people everywhere, including those at home, at work, and in public spaces, then an injury that occurs while you’re working may not automatically qualify for workers’ compensation.
Why? Because:
- The injury is not considered to have arisen out of employment.
- The risk was universal—affecting everyone equally, regardless of their work status.
In other words, if the disaster would have injured you regardless of whether you were working or not, the insurance company will likely argue that the injury is non-compensable.
For example, if a massive earthquake levels an entire city, the mere fact that you were working when it happened won’t automatically make your injuries work-related.
How Can You Show a Connection Between Your Injury and Your Job?
To succeed in a natural disaster workers’ compensation claim, you need to demonstrate that your employment exposed you to a greater risk than the general public. This legal concept is called the Positional Risk Doctrine. It asks:
- Did your job duties or work environment put you in the path of danger when others might not have been?
- Were you required to stay in a hazardous location because of your job?
If you can show that your presence at work increased your exposure to the disaster, you may have a valid claim.
Real-World Example: Tornado and Factory Workers
A powerful example comes from a tragic case in Kentucky, where a tornado destroyed a factory and killed or injured many workers. Survivors and their families argued that:
- The employer refused to let employees leave, even as severe weather warnings were issued.
- Workers were kept in harm’s way solely because of their job requirements.
In that scenario, workers had a strong argument that their employment placed them in heightened danger compared to those who were not working, making the injuries or fatalities compensable under workers’ compensation laws.
What About Natural Disasters During Work Travel?
Another common scenario involves employees traveling for work who are caught in a natural disaster. Here, the key question becomes, “Would you have been in that location if not for your job?”
If the only reason you were in a disaster zone was because your employer sent you there, the injury likely arises out of employment. Even if the disaster affects everyone in the area, the fact that you were there for work reasons can make your claim valid.
For example, If you travel to another city for a work conference and are injured in a flood or tornado while there, you may be covered under Colorado workers’ compensation.
We’re Here to Help—Free Consultation for Injured Workers in Colorado
If you or someone you love has been injured at work—whether through an accident, a disaster, or any other unexpected event—you deserve to know your rights. Workers’ compensation is often complicated, but you don’t have to face it alone.
Call Kaplan Morrell today at 303-780-7329 for a free, confidential consultation. We’ll help you understand your options and fight for the benefits you deserve.
